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Mahon said he put sandbags around his home, but the water kept rising. It got to a stage where the family dog was swimming in the yard before being rescued (file photo). Shutterstock/Yorkman

Couple settle with council out-of-court after 'appalling story' of flooded home

The couple claimed there were no problems before the Council laid a culvert near their home in 2007.

A COUPLE WHO sued Laois Co Council over flood damage to their home have settled their High Court action against the local authority.

Chris Mahon and his wife Shelia had brought proceedings arising out of flood damage to their family home at Clonaheen, Mountmellick, Co Laois that occurred in August 2008 and in November 2014.

The Mahons claimed the council were negligent in the matter in which they allowed works to be carried out on a culvert, located underneath the road beside their home. These works they claimed resulted in the flooding of their property.

The council denied the claims.

Following talks between the parties today, John Hayden Bl for the Mahons told Justice Paul McDermott that the proceedings had been compromised and could be struck out.

Counsel said it had been agreed that the council will carry out flood relief works in the area near the Mahon’s home within 12 weeks.

No other details of the settlement were given in open court. Michael Counihan SC for the Council said the alleviation works will be done by the council on a “voluntary” basis.

Justice McDermott welcomed the settlement, particularly that steps are to be taken to prevent another flood at the Mahon’s home. The Judge had described Mahon’s account of the floods as “an appalling story.”

Giving evidence on the opening day of the action, Mahon had described how he had been left “destroyed” after the family’s house and property was devastated by the two floods.

The Mahon’s claimed the flooding was caused after a new culvert was laid by the Council in 2007. They claimed they never had any problems with flooding before those works were done.

shutterstock_293900435 An example of a culvert - a tunnel which allows water to flow through or underground. Shutterstock / Pi-Lens Shutterstock / Pi-Lens / Pi-Lens

In their action the Mahon’s claimed the council were negligent in the manner in which those works were carried out. They claimed part of the culvert, installed so there would a continuous flow of water in a stream near their home, collapsed and became backed up.

This resulted in the stream overflowing and their home and property was twice extensively damaged by water flowing across their yard, driveway and into their home.

The culvert they alleged was constructed in a defective manner, and that the council failed to take any remedial steps to repair the defects. They sought damages and an order requiring the council to carry out works to prevent further flooding.

The council claimed the flooding was caused by intense rainfall of record proportions and not by any problem with the culvert.

It also alleged the Mahon’s contributed to the flooding on grounds including that when they constructed a new entrance to their property and removed a clay embankment that had protected the property from flooding.

Read: ‘It absolutely destroyed me’: Man sues Laois County Council after house floods twice

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4 Comments
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    Mute Niall Mulligan
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    Nov 16th 2011, 2:13 PM

    Much and all as the euro is suspect …. when Conservative peers are trumpeting its demise, it makes me wonder whether it’s all bad.

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    Mute
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    Nov 16th 2011, 1:40 PM

    good bit of publicty for his company….

    60
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    Mute Story bud
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    Nov 16th 2011, 1:50 PM

    RUN!
    (wheres my prize?)

    52
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    Mute Roxy Blue
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    Nov 16th 2011, 2:11 PM

    All Noonan has to say is “Thanks very much, we had a good run, I’ll get me coat”

    41
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    Mute Liam Mc Dermott
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    Nov 16th 2011, 3:37 PM

    “Dear Mr. Europe,

    We have had a good run. We have laughed, cried and worked together for many years but we have grown apart in recent times. The Lisbon Treaty is when the gaps in our relationships became obvious and with the auld downturn things have just gotten worse. The greatest gift of etiquette is knowing the right time to leave a party; not too early for fear of being rude and not too late for fear of being asked to leave. Like Goldilocks now is just right. T’ra. Hope everything works out.
    Love
    Enda”

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    Mute Patrick Slattery
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    Nov 16th 2011, 4:09 PM

    It’s nice to read the armchair economist’s comments on the Journal. They weren’t complaining during the good time & now they want to walk away when things get a little tough.

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    Mute Duncan Breen
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    Nov 16th 2011, 4:27 PM

    Hi Patrick ,

    As indeed my comment was more to have a laugh than thinking it would realistically solve the issues faced , I think as the world seems to be in per-ma crisis we cant forget to have a laugh. I would like to see how you can view the “Good times” If this was the case than there would not be huge credit issues as people would have paid for items with cold hard currency , in my humble opinion it seems more like a credit feast that went pair shape –

    I agree it is easier to say ah well and walk away , however I think it is not a case of if the euro fails it is more likely when , and to have some contingency plans in place for ever eventuality is better that scratching heads when it happens.

    back to the arm chair and gin hiccup :)

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    Mute Dermot Mc Loughlin
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    Nov 16th 2011, 6:51 PM

    Maybe if we were asked about the euro currency before we were coerced into it, were you asked?….anyone asked?
    NOPE.

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    Mute Seamus Ryan
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    Nov 17th 2011, 3:34 AM

    To quote Blackadder 3…

    “I always say, “If you can’t laugh, what *can* you do?” Ha-ha-ha-ha”
    “…Take up politics, perhaps.”

    Gallows humour. Usually great for a laugh.

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    Mute Seamus Ryan
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    Nov 17th 2011, 3:41 AM

    @Dermot: The Maastricht Treaty (which we approved by referendum) laid out the target of monetary union, the criteria for joining and the commitment towards the project. It was highlighted in the Werner plan, the Delors report and was made very public during the Maastricht referendum. The UK negotiated an optout on EMU. We were, of course, apparently far more concerned with ensuring that abortion wasn’t introduced here. We had the option to say no as we were in fact asked. You mightn’t like the answer, or indeed the question, but the question was posed.

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    Mute Dermot Mc Loughlin
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    Nov 18th 2011, 11:50 AM

    I don’t think I was old enough to vote on it Seamus…:P

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    Mute HELLO SPRUIKER
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    Nov 16th 2011, 5:48 PM

    Next Getting countries out of the Euro my Arse!!!

    They can well afford to put up €300k!!

    They’ve been charging us twice their U.K prices, in their Irish shops for long enough!!!

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    Mute lisa duignan
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    Nov 16th 2011, 2:17 PM

    He’s actually copying someone else. This is not a totally original idea. There was an article in the FT 2 weeks ago about a wealthy Euro sceptic offering mad money for anyone who could solve the euro crisis.

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    Mute vv7k7Z3c
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    Nov 16th 2011, 2:54 PM

    Lisa – you might be thinking of the same guy. The prize was announced in October but only opened for entrants/registration this week. http://www.ft.com/intl/cms/s/0/16d19598-fb2f-11e0-8756-00144feab49a.html#axzz1dsdtelDs

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    Mute lisa duignan
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    Nov 16th 2011, 9:54 PM

    Yep, it is the same guy after all Gavan. Good work!

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    Mute lisa duignan
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    Nov 16th 2011, 9:56 PM

    Title here was slightly misleading though.

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    Mute Duncan Breen
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    Nov 16th 2011, 2:36 PM

    http://en.wikipedia.org/wiki/KerPlunk_(game) imagine there was 27 sticks and you had to pull them out without the other marbles falling out :) Solved ,well just have to figure out how to pull out the sticks :)

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    Mute Aidan Molloy
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    Nov 16th 2011, 3:03 PM

    Nuke the site from orbit. it is the only way to be sure.

    14
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    Mute Mensah Mensah
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    Nov 16th 2011, 2:26 PM

    Just walk away….file for divorce,run anything but the euro….

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    Mute Dearbhla Carmody
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    Nov 16th 2011, 4:32 PM

    ‘Its nor you Euro, its me, i need to be on my own for a while to figure out what i want from this relationship. I feel a bit suffocated and cant think clearly. I dont know if i want the commitment. I think i might like to play the field for a while, sterling punt. I need space from you,

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    Mute DPC75
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    Nov 16th 2011, 4:16 PM

    Has anyone thought about what may happen with all the MNCs we rely on for jobs here if we leave the Euro?

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    Mute Hot Toddy
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    Nov 16th 2011, 8:32 PM

    It varies case by case. Companies with a lot of investment here could lose out as their assets would be worth less. Companies exporting from Ireland would have a bonanza with lower costs to produce goods that yield the same prices overseas. However, day 1 losses would be a sunk cost so the ongoing improvement in competitiveness could actually bring more jobs to Ireland.

    The only downside is that being in the euro reduces the volatility of earnings by taking away the fx risk. Most companies will be happy to live without the euro for lower costs, a few won’t.

    A bigger issue is that it only makes sense to leave the euro if this is accompanied by a default on government debt. A government that breaks its promise to investors can scare away multinationals through uncertainty on the future. A default one day, a rise in corporation tax the next?

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    Mute Brno Barking
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    Nov 16th 2011, 9:21 PM

    Grow a pair,and walk.

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    Mute Lou Brennan
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    Nov 17th 2011, 12:56 AM

    If he offered Sterling I’d tell him but what good is offering Euros if we leave the the Euro

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    Mute Graham Mace
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    Nov 16th 2011, 5:18 PM

    The answer in a word, as far as the Conservatives go, is:
    “Quickly”
    It’s a bit rich coming from them anyway, as Britain isn’t a fully participating member of the EU and isn’t in the Euro. No wonder the Aussies call them “Whingeing Poms”.

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    Mute Titus d
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    Nov 17th 2011, 12:09 AM

    Next never have my sizes, sort that out your Lordship!

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    Mute Sheila Murphy
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    Nov 16th 2011, 6:42 PM

    Very simple; Offer your citizens the chance of a referendum; Germany will make you leave if you!!!! Just like Papandreou tried to do in Greece re: their bailout and Germany & France stipulated that it had to be “Do you want to leave the Eu?”

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    Mute Tim Henchin
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    Nov 16th 2011, 9:32 PM

    If there was a referendum on the Euro in countries over the last 5 years, at least half of them would have voted to leave. The EU doesn’t do democracy, so we’l just have to muddle along and see how Brussels can roll over nearly 3/4′s of a trillion euro’s in debt over the next 12 months. The people who lend money don’t believe it can be done, but then again they are just Euroskeptics.

    I can guarantee that people who are so adamant about the survival of the Euro are the same people who were blathering about house prices.

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    Mute Hot Toddy
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    Nov 16th 2011, 10:00 PM

    Nope. I’ve been renting for 10 years whilst waiting for the housing bubble to burst, but I think the euro will survive.

    Even now it was a dumb move, I missed so much of the genuine boom!

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    Mute Réada Quinn
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    Nov 17th 2011, 2:28 AM

    I think that was a great idea Sheila. Can’t beat a bit of democracy.

    1
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